Dangerous Substances (General) Amendment Regulation 2014 (No 1) (ACT)

Dangerous Substances (General) Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-19

The Australian Capital Territory Executive makes the following regulation under the Dangerous Substances Act 2004.

Dated 15 August 2014.

Katy Gallagher

Minister

Andrew Barr

Minister

Dangerous Substances (General) Amendment Regulation 2014 (No 1)

Subordinate Law SL2014-19

made under the

Dangerous Substances Act 2004

Contents

Page

1            Name of regulation  1

2            Commencement  1

3            Legislation amended  1

4            New part 3.5  1

5            New section 340 (1)  3

6            Dictionary, new definitions  3

1. Name of regulation

   This regulation is the Dangerous Substances (General) Amendment Regulation 2014 (No 1).

2. Commencement

   (1)This regulation (other than section 5) commences on 1 September 2014.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

   (2)Section 5 commences on 1 January 2015.

3. Legislation amended

   This regulation amends the Dangerous Substances (General) Regulation 2004.

4. New part 3.5

   insert

Part 3.5Asbestos management—residential premises

1. Application—pt 3.5

   This part applies to residential premises (affected residential premises) that contain or have contained loose fill asbestos insulation.

2. Definitions—pt 3.5

   In this part:

   approved warning sign means a warning sign that—

   (a)complies with the standard approved under section 339 (1) (a); and

   (b)is displayed in the way, and in a place, approved under section 339 (1) (b).

   class, of building—see the Building Act 2004, dictionary.

   loose fill asbestos insulation means loose fill amosite or crocidolite asbestos used as ceiling insulation.

   residential premises means premises, or a part of premises, that are a class 1, class 2 or class 10 building.

3. Asbestos warning signs—approval

   (1)The Minister may approve the following in relation to a warning sign about asbestos:

   (a)the standard with which the warning sign must comply;

   (b)the way, and the place where, the warning sign must be displayed.

   Example—place

   a sticker in the switchboard

   NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

   (2)An approval under subsection (1) is a notifiable instrument.

4. Offence—asbestos warning signs

   A person commits an offence if—

   (a)the person is the owner or occupier of affected residential premises; and

   (b)a warning sign displayed at the premises is removed from the place where it is displayed; and

   (c)the person fails to ensure that the warning sign is replaced with an approved warning sign.

   Maximum penalty:  30 penalty units.

5. New section 340 (1)

   insert

   (1)A person commits an offence if the person—

   (a)is the owner of affected residential premises; and

   (b)fails to ensure that an approved warning sign is displayed at the premises.

   Maximum penalty:  30 penalty units.

6. Dictionary, new definitions

   insert

   affected residential premises, for part 3.5 (Asbestos management—residential premises)—see section 337.

   approved warning sign, for part 3.5 (Asbestos management—residential premises)—see section 338.

   class, of building, for part 3.5 (Asbestos management—residential premises)—see the Building Act 2004, dictionary.

   loose fill asbestos insulation, for part 3.5 (Asbestos management—residential premises)—see section 338.

   residential premises, for part 3.5 (Asbestos management—residential premises)——see section 338.

Endnotes

1. Notification

   Notified under the Legislation Act on 18 August 2014.

2. Republications of amended laws

   For the latest republication of amended laws, see align="center">© Australian Capital Territory 2014